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09/10/1996 CITY COMMISSION SPECIAL MEETING CITY OF CLEARWATER September 10, 1996 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 9:04 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #1- Meeting Overview The City Manager introduced Deputy City Manager Kathy Rice and Bob Keller, who will be the Assistant City Manager/Development Director as of October 7, 1996. a) Commission options The City Manager requested specific direction from the City Commission on projects included in the previously approved downtown plan. She referred to the need to identify what actions the City needs to take to focus on economic development and enter the redevelopment business. b) Development project background The City Manager referred to the current downtown plan, noting the summarization of dozens of issues including: 1) no single vision or consensus for downtown exists; 2) downtown lacks an image and identity; 3) a loss of office employment has occurred; 4) the waterfront is underutilized; 5) good transportation does not exist; 6) the City does not take advantage of its natural market; 7) few quality downtown residential units exist, etc. She recommended addressing these issues would be a move in the right direction. c) Existing plans The City Manager said the current downtown plan sought to establish a traditional town center of small scale to meet the needs of Clearwater as a government center and entertainment district. The City Manager requested the Commission consider their future vision for the City and direct staff accordingly. ITEM #2 - New Library Development a) Sites Library Director Arlita Hallam said more than 500 people participated in 25 focus groups which considered potential sites. The Library Board feels the East End property is a good, visible site. Other interest was expressed in the Main Library's present location and its water view. The current structure cannot be expanded and would have to be razed. Ms. Hallam noted a recommendation to attach a high tech library to the Harborview Center, which would serve as a community center. Little interest was expressed for the St. Petersburg Times parking lot site near the Municipal Services Building. Focus groups felt it would be inconvenient. b) Needs Ms. Hallam reviewed problems connected with the current Main Library structure which is comprised of four buildings constructed from 1916 to 1980. Of the library's 49,435 square feet, only 32% is fully usable for library purposes. The remainder of the structure does not meet codes or cannot support a library floor load. She indicated only the 1980 addition is in good shape. If any work is done on the building, the whole structure will have to be brought up to code. Ms. Hallam referred to a 1993 building program that identified the needs of a library if constructed in 1996. The report recommended 72,500 square feet for public library space plus 15,500 square feet of conference and meeting rooms, etc. Public library space would include children's areas, computer facilities, and quiet areas. She reported meeting rooms in the current Library and branches are constantly booked. The report recommended a library building of 50,000 square foot footprint and parking for 1,000 cars. Ms. Hallam reviewed a summary of the most frequent suggestions made by the focus groups: 1) separate children's department; 2) separate teen area; 3) audio-visual viewing/listening areas; 4) generous meeting space for tutors, small groups, recitals, performances, community meetings, etc.; 5) incorporating art into building's design and furnishings, public art, display areas; 6) computer learning lab; 7) cafe; 8) openness, many windows, courtyards, roof gardens, atriums, plants and trees; 9) drive-up bookdrop with protection from elements; and 10) covered, well-lighted, 1,000 space parking garage with covered entrance to building. Respondents were almost evenly divided between the current site and East end. She noted the lack of parking is a limiting factor for the bluff site. She recommended deleting the site by the Municipal Services Building from consideration. c) Costs and resources Ms. Hallam estimated a basic, high-tech library building costs $100 per square foot. Furnishings, landscaping, automation, shelving, etc., will add $50 to $75 per square foot and costs to build a parking garage would be extra. The Library Foundation has committed to soliciting private funds for constructing a new library. It was questioned if numbers in the 1993 study remain valid. Ms. Hallam said the budget will be revisited. The plan would be revised with additional elements but she felt the size would not change. In response to a question, she said a building could be constructed above 2 stories of parking built into the bluff. It was questioned which site has the best potential. Ms. Hallam said staging on the bluff would be expensive. She preferred the East End site and felt locating the library at the corner of Missouri and Cleveland would serve as a successful anchor to the East End property. She reported 400,000 patrons use the downtown library every year. She recommended the library site be at least 5 acres large. In response to a question, Ms. Hallam said parents would not be encouraged to drop children off at the library. The design would provide a safe area for parents to be with their children. A toddler room off the children's section would encourage toddlers to read. Concern was expressed a cafe in the Library may attract homeless people. Ms. Hallam said the cafe would be a revenue source, regulated like other downtown restaurants. In response to a concern the library may not need 1,000 parking spaces, Ms. Hallam said no current parking garage in the City is that large. The City Manager indicated the entire parking lot for the Harborview Center and library has 720 spaces. Ms. Hallam estimated the library now has use of 150 spaces on top of the bluff. Staff parks down the hill. A stand alone library without surrounding uses would need fewer spaces. The City Manager recommended deleting the site by the Municipal Services Building, also referred to as the government quad, from consideration. She needs additional information before she could recommend the East End site. In response to a question, Ms. Hallam referred to the Adler's $500,000 donation to keep the library in the downtown location for the foreseeable future and referred to the City Attorney's opinion that 20 years is a reasonable amount of time. She reported the City had purchased the current site with no attachments. Consensus was to delete the site by the Municipal Services Building from consideration. In response to a question, Ms. Hallam felt she had sufficient information to eliminate future use of the current structure from consideration. She said staff has wanted to use the library's second and third floors. Engineering reports indicate nearly continuous columns are needed to provide adequate floor load support. Commissioner Hooper felt the 1980 building could be salvaged and did not want to remove it from consideration. The City Manager said funding for the project is included in the list of Penny for Pinellas projects for 2000-10. If the referendum to continue Penny for Pinellas funding fails, the City may request a March 1998, referendum for a General Obligation Bond. ITEM #3 - Private Sector Participation Commercial real estate broker Harold Meyer felt Florida Planning Group's report regarding the beach's redevelopment potential was well researched and should be pursued. He said resort areas that look as if they are in decline usually continue to deteriorate. He said the City has a number of serious real estate issues to consider. He said it is unlikely one developer has the expertise to address all projects being considered. He felt the City's traditional approach of issuing RFPs (Requests for Proposals) is impersonal and has resulted in limited success. Mr. Meyer said developers are not comfortable with the current approach which requires developers to commit time and resources without feedback. He noted developers do not like a process in a public forum as projects evolve. He suggested the City be more flexible and developer friendly. He recommended the City generate information, i.e., studies, surveys, financial assistance packages, etc. He recommended hiring sales people and directing RFPs to commercial brokers who can attract developers. He suggested allowing developers and staff to communicate in a forum that is not too public. Developer Joe Burdette said the City has to compete for good developers who have done projects of the same size. Most do not take the time to respond to City RFPs. He noted the importance of unanimous commitment by the City Commission to any project. He suggested attracting developers by waiving impact fees or providing them opportunities to make a profit. He recommended the City provide developers with feasibility studies and designate a staff team to work on major projects. Before proceeding with a project, he recommended the City be satisfied the project will work and the chosen developer will get the job done. He complimented the City Commission for trying to work with developers. Mr. Burdette recommended developing the 20 acre annex property as a professional baseball stadium. Evening events would attract people from the beach. He suggested high schools could continue using Jack Russell Stadium. He felt the City will have to do something for the Phillies by 2000. Realtor Lee Arnold said economic development in Clearwater is a regional process driven by local needs. He recommended identifying a common vision. He said the best potential for development in Clearwater is downtown and on the beach. He recommended cooperation between the public and government. He recommended active City participation in the Tampa Bay Partnership, representing a large economic development community, and the St. Petersburg/Clearwater Industry Council, which has a large budget. He suggested highlighting Clearwater as a fun place to visit, work, and live and addressing anti-fun ordinances. Mr. Arnold said the City should have goals to improve the tax base, create value added jobs, set realistic expectations, and support practical economic development. He supported City involvement with regional development and with Enterprise Florida to obtain leads. He said City leadership needs to understand the government's role and encourage private sector participation. He said the City lost credibility by adopting plans and not acting on them. He recommended the City and business community form a team and suggested the City consider downtown and the beach as an economic unit. Mr. Arnold said regulations can be viewed as barriers. He suggested the City market its ability to get things approved and revise regulations to be more cooperative. He recommended keeping lines of communication open. He commended the City for working to bring all sectors together. He suggested the City needs to understand market opportunities, set realistic expectations, look for practical economic development, and make local and regional cooperation the center piece of the effort. He said development should not begin on a back street. He said the bayfront is a jewel and should not be ignored. He recommended building a library contiguous to the Harborview Center which, he suggested, would make a great civic center. He said some of the debt associated with the Harborview Center could be applied to the library, which generates a great deal of traffic. He recommended reading Death of Competition. Mr. Arnold said the City can take a leadership role in advancing technology. He recommended taking advantage of being a GTE test site. He said infrastructure is an important part of an economic ecosystem. He felt streetscapes also are important. He said the City needs to realize its importance to the region and boost its importance to Orlando's economic ecosystem. He recommended staff have the flexibility to consider the entire region. Commercial real estate agent Mark Klein said the greatest impediment to downtown development is uncertainty about the downtown lake. He said the stormwater problem downtown must be solved and downtown runoff stopped from polluting Clearwater Harbor. He suggested the City employ engineers to solve the drainage problems. If a lake is recommended, the engineers can determine its size. He noted many properties in the area considered for the lake cannot be sold because of uncertainty regarding the project. Mr. Klein said the City needs to work on its image of not being developer friendly and suggested impact fee credits would spur growth. He supported job creation and said the beach and city should be "married" and not separate. Architect Steve Fowler said timing is important. He noted decisions made by the City Commission regarding the Library, downtown lake, Memorial Causeway bridge replacement alignment, etc., will impact Clearwater for generations. He said construction of the new Winn-Dixie will provide a major impact. He recommended relocating Alt US19 to Missouri Avenue. He said the development community will react once the City Commission makes their decisions. He said their reluctance to proceed was due to uncertainties regarding City plans. He noted the importance of the decision regarding the bridge's alignment. ITEM #4 - Break The Commission recessed from 10:42 to 10:59 a.m. ITEM #5 - Downtown Model John Marsh, Director of Community Design and Research presented a downtown model designed and built by USF (University of South Florida) students. He said the model is a work in process and does not support any option. The model is to be used as a discussion tool and not a final plan. He thanked staff and the students who worked on the project. He said decisions the City Commission makes during the next few years will affect the community for the next 50 years. He said the new bridge will have a major impact on downtown and its waterfront. He felt the waterfront is the most valuable and unexploited element downtown. He recommended the City carefully consider development of the lake before proceeding. He said the Library is the City's most valuable civic piece. USF graduate student David Foster said Clearwater's bluff is a unique topographical feature on Florida's West coast and is the waterfront's most prominent feature. He presented renderings of how the waterfront could look, including environmentally sensitive wetlands South of Cleveland Street. He said recreation along the waterfront would be important. He suggested increasing the size of the pond in Coachman Park. He said a waterfront pavilion could be built and suggested providing access to the water again. Mr. Foster referred to the proposed downtown lake and suggested it could be surrounded by the library, museums for children, art, etc. He suggested shopping areas, with residences above, would be generated outside the lake park area. The library would attract other uses. The lake's location could be part of a trolley route and a pedestrian route tied to the Pinellas Trail. He recommended planting palms, citrus, and live oak trees. He said planting a small citrus grove on the bluff would provide ambiance for picnickers. He suggested an active entertainment district be built across the street from Coachman Park. Mr. Foster recommended locating the new Winn Dixie closer to the main road. He reviewed three alternative alignments for the Memorial Causeway Bridge replacement: 1) Pierce Boulevard, North of Pierce 100; 2) Pierce Boulevard, a longer bridge South of Pierce 100; and 3) shorter bridge off Drew Street. He expressed concern about the bridge's effect on the downtown waterfront. Mr. Marsh suggested the City Commission consider constructing a bridge that is a "signature piece." Mr. Foster displayed renderings of other downtown areas including a traditional town center, restaurants, Cleveland Street streetscape, etc. Mr. Marsh noted the entire Tampa Bay region lacks an evening entertainment complex that attracts people to the waterfront. The Mayor felt the model is a better planning tool than the City Commission has had in the past. The model will remain through the end of the week for public view. ITEM #6 - Annex Property Development Options AND ITEM #7 - Downtown Residential Development AND ITEM #8 - Marina Development Central Permitting Director Scott Shuford said the City Commission needs to modify the downtown plan until they are comfortable with it and then follow it. He said the community seems to recommend the plan be market based and design oriented. He reported the new Assistant City Manager is excited about developing the large piece of property at the East End site. Mr. Shuford suggested the plan focus on short term projects that can occur quickly to spur development elsewhere. He noted recommendations: 1) entertainment complex; 2) job creation; 3) commercial mixed use; and 4) residential use. Mr. Shuford recommended an aggressive marketing approach, noting the importance of flexibility. He said construction of single-family residential units would depend on the success of other projects and would require significant City investment to meet infrastructure needs. He suggested replacing the single-family residential component with multiple-family residential units. Mr. Shuford said the downtown model did not exhibit a marina. Staff had worked with the students to flesh out some concepts. He reported a downtown marina will have some permitting problems. He suggested keeping options open and considering the East Shore area on Clearwater beach. He said it is a shame the downtown waterfront is separated from Coachman Park by roadways and parking lots. He suggested a water edge boardwalk could be constructed along the bayfront. He recommended prohibiting parking West of the bluff. He suggested coordinating the waterfront with the top of the bluff. The City Manager agreed the bluff is the absolute prize of the community and recommended it be more available to the community. Mr. Shuford noted citizen complaints that the homeless population gets more use out of the bluff than the community. The City Manager said the City Commission must agree upon a plan before the CRA (Community Redevelopment Agency) can be involved. Concern was noted regarding earlier plans for development of single-family residences. It was noted the proposed angular road off Cleveland and Greenwood could be eliminated. Consensus was to remove the angular road from the plan. Mr. Shuford referred to remarks regarding the importance of incentives and a catalyst to spur growth. He said developing single-family residences downtown would be expensive. He recommended the City Commission consider development incentives, but not for single-family residences. He felt this was one of the more speculative aspects of the plan. In response to a question, Mr. Shuford said Drew Street is out of downtown and in a transition area. He indicated Drew Street lots are used for single-family residential and offices. Consensus was to remove single-family residential from the Annex area and to review Drew Street office use. ITEM #9 - Brownfield Initiative Economic Impacts Economic Development Director Alan Ferri said Brownfield is a process to identify environmental impediments to development in the downtown area where 30% of the City's population lives. With Brownfield, the City now can do risk based assessment and containment which will lower redevelopment costs. He said banks shut down financial backing for properties that have a hint of an environmental problem. He said this year's State legislative session will address that issue. Mr. Ferri said Brownfield funding will help with job development and business growth. Staff is working closely with Career Opportunities to identify career training, etc. He expressed concern about the perception that environmental issues are expensive to address. He said that concern would end once staff can educate the development community regarding how to address this issue. Environmental issues will not go away. Mathematical models need to be developed. He said developers currently do not see an economic reward for addressing environmental problems. Staff can track the City's investment in environmental efforts and the return on that investment. Mr. Ferri expressed concern regarding the decline in downtown values of 4% to 5% each year. He anticipated Brownfield can remove the deterrent of environmental concerns to redevelop that area. a) Town Lake component Mr. Ferri said the town lake concept was part of the Brownfield application which addresses environmental and economic impacts to redevelopment. He said redeveloping the Dimmitt property would require setting aside 10% to 15% of the property for retention. The resulting savings to a developer would be significant. He said the City should review infrastructure and resource expenses that could lower costs to developers. Waiving impact fees would eliminate large up-front costs. Development of a town lake would free up land, allowing the land to be used for the economic reason the developer envisions. He suggested the Commission consider the downtown lake's economic impact on development potential. b) Resources Mr. Ferri reported pending legislation, Senate Bill 1911, would provide $2.2-billion for redevelopment of areas targeted by Brownfield. He said the Southern Environmental Council is lobbying regarding this issue and other concerns on the State and Federal level. He said the proposed legislation would have a significant impact on redevelopment. He stated several developers are ready to begin if funding to address environmental issues becomes available. He said something is needed to leverage or spark the first big development. c) Costs and benefits Mr. Ferri said a more market driven feature for development would be considered. He said a town lake would have a profound economic impact. The lake will be an economic resource and an environmental feature to protect Clearwater Harbor. He supported investment in the lake, noting Clearwater Harbor and the islands are regional features of major importance. Mr. Ferri said benefits can be identified through sales tax as a surrogate measure of retail activity. In response to a question, he said once banks are in chains of title, they are the ones that are sued regarding environmental problems. Because of this, banks will not invest in questionable property. He said this situation needs to be changed. Tallahassee will be addressing this issue. He suggested the City needs to have a voice in this pending legislation. He said the original polluter should be held responsible and not subsequent owners of the property. He said if Brownfield properties are not addressed to allow redevelopment, developers will move to periphery where environmental concerns do not exist. In response to a question, Mr. Ferri said several stages of evaluation are used to address Brownfield properties. He said Phase I determines if activities that could have caused a problem once occurred on the site. The second phase looks at what is present. When a determination is made that pollution exists, the evaluation proceeds to Phase II. He estimated the economic model will cost $20,000 of the $100,000 Brownfield grant. Concern was expressed work on the model was not bid. Mr. Ferri said USF is doing the model. State statutes exempt the study from the bid process. It was questioned how key the downtown lake was to the City being awarded the grant. Mr. Ferri said the EPA (Environmental Protection Agency) was excited about the town lake project as it addressed more than stormwater. He supported proceeding with the town lake but indicated the grant was not affected if the lake is not built. He suggested if the Federal bill passes, the project could be considered environmental and qualify for full funding. Engineering Director Rich Baier presented a staff designed Trail Blazing sign to direct motorists to parking. The sign is decorated with a hibiscus blossom. Consensus was to approve the sign. ITEM #10 - Environmental Impacts of Town Lake Project Mr. Baier said the basic study and Phase I audit for the Town Lake are complete. He felt the project will bring long term benefits. The lake will serve as a stormwater attenuation area and treat stormwater, thereby alleviating pollution in the harbor. He displayed a print from a 1926 aerial photograph that showed a slew system that naturally filtered water in the downtown area. A 1942 aerial photograph indicates development had begun, the natural lake was being filled in, and water was being discharged directly into the harbor. The proposed lake could address some downtown flooding issues. The 150 acre basin that could drain into a downtown lake was reviewed. The City needs 13 acres to meet its needs for one inch of run off. Mr. Baier said staff reviewed many scenarios and moved away from the one pond theme to a multi-cell (Cells 1, 2, & 3) design. The cells would need sediment traps and vaults and the ability to remove oil and grease. He said Phase I studies indicate 24 of the 36 subject properties have a high probability of containing contaminants. Staff has not proceeded with Phase II. The proposed 3-cell scenario would cause the Court Street roadway to resemble a bridge. Scenarios range from minimal to elaborate. He suggested cell #2, North of Court Street, be the first built. The downtown model will be revised to illustrate this proposal. Mr. Baier compared the downtown options. He noted citizen concern regarding downtown flooding. He said even if the Pierce Street pond was expanded, it still would not treat water. He said the lake would be easily permitted and felt the lake would stop the erosion of the tax base. He said the lake would provide an attractive entrance vista, cleanse the water, and provide a catalyst for redevelopment. The lake would provide passive recreation opportunities, wildlife areas, and would encourage pedestrian uses. He presented a rendering of how the lakes could look. The City Manager said staff is struggling with the need for the Town Lake to be market driven. She said Clearwater is on the verge of great things happening and would like to take a more market driven approach. Staff believes if the annex property is marketed appropriately, something great will occur within two years. She noted questions regarding how large the cell needs to be to accommodate that need. She noted the need to address the attenuation needs of the Winn Dixie-property. She suggested developers could commit to space in the lake by coming forward with deposits during a specific time period. She suggested the market will drive the size of the lake. Ms. Rice said the developer would be charged an incremental cost at first phase. The City Manager said the City does not want little lakes scattered through downtown. She said a Town Lake will increase property values. She suggested cell #2 be constructed along the Court Street corridor to prepare for the new access to the bridge. She said if the City Commission is interested, staff will continue the studies. Mr. Baier said according to preliminary calculations, cell #2 would take care of the City's needs plus a little more. It would cost a fraction of the estimated $30-million to $50-mllion for the entire project. The City Manager noted concerns by area property owners who are reluctant to make decisions regarding their properties when City plans can change. Mr. Baier reported cell #2would encompass 20 properties. The area is primarily where the old utility building was located. The City owns most of the property. In response to a question, Mr. Baier said cell #1 would not accomplish much. It was suggested development of both the lake and annex should be market driven. It was suggested development of the annex begin first. The City Manager requested direction. She requested staff calculate how much room in the cell would be needed for the development of the Annex site. She indicated the City Commission would need to decide regional detention makes sense rather than having small ponds built around downtown. Concern was expressed regarding the cost. It was noted based on rates charged by Tallahassee, developers would pay only $3.25-million toward the cost of the lake. The City Manager indicated rates had not been considered although financing the lakes always has been a concern. She opposed the City financing the entire project. She noted something will have to be done if the annex property is developed. She suggested the City may have to discount the property, build some infrastructure, or help with the stormwater component. It was questioned if the Pierce Street pond could be expanded. Mr. Baier said a minimal increase was possible. If Pierce Street is vacated, the pond could be expanded further but would provide no environmental benefits like the proposed lake. Concern was expressed many suburban ponds are impossible to clean. Mr. Baier said they were designed differently. Neighborhood ponds only hold water. The lake would contain a confining clay layer and be more like a natural lake. The lake would control the nutrient loading of the harbor. He said the Pierce Street pond is essentially a hole in the ground that discharges directly into the harbor. The City Manager questioned if the City Commission likes the environmental features of the proposed lake but feels the cost is too steep. Mr. Baier said staff has discussed this issue and cannot see another solution. He said improving piping at the Pierce Street pond will only get the water out more quickly. Expanding that pond will only increase the pond's storage volume. The water comes from the area in the CRA plan. The lake would pretreat the water before it is discharged into the harbor. The cost of each cell was requested. The City Manager said if the City Commission is interested in more information, staff can gather input from developers. It was requested that estimates of the Annex and Winn Dixie property needs be presented. Cost estimates for cell #2 were requested. In response to a question, Mr. Ferri said the baseline data for the economic model will take 6 months to develop. He said he was told reducing project costs will spark redevelopment. Mr. Baier estimated the additional studies will cost between $15,000 and $20,000. He said the City has spent approximately $200,000 on the project to date. Early Sorenson expressed concern regarding the cost and rate of return for the proposed town lake. He suggested non-structural ways of cleaning the water be adopted. Anne Garris said the EAB (Environmental Advisory Board) looks forward to reviewing the proposed lake in more detail. She suggested the State fund the Memorial Causeway Bridge replacement and the City pay for the town lake. She felt the lake would be great for the downtown's environment and ambiance. She questioned if a referendum is necessary to rebuild the library on the bluff. The City Attorney will research. Chester Buether said his store on Pierce Street floods 2 or 3 times annually. He has not been able to sell his property because no decision has been made regarding the proposed town lake. He requested the City Commission reach a decision. Glenn Warren said his property would be in the middle of the proposed lake. He said a stormwater problem currently exists. He has deferred maintenance on his property and expressed concern he cannot lease the property until a decision is made. He said no one would buy his property today. He supported the environmental values of constructing the lake. He requested the City Commission make a decision regarding the lake. It was suggested the City Commission establish a time line to reach a decision. A drawing identifying which properties would be affected was requested. It was noted many people have expressed opposition to the lake. The City Manager said staff will develop an overlay of the affected properties and their values. Staff also will report on how much water each cell will hold. Mr. Baier estimated it will take a month to gather the information. He felt funds previously approved for the study had been exhausted. It was questioned why the consultant does not have this information. Mr. Baier said the original direction was for a single lake. He said it is quite different to consider each cell separately. It was stated this issue can be wrapped up by the end of the year. Staff will address developers to see if they would be interested. A preliminary economic model was requested. ITEM #11 - Downtown Development Plan Amendments Mr. Shuford said he will try to include some flexibility in the downtown development plan. He said the single family component would be redone. No changes will be made to plans for he Library or town lake. It was requested the development community consider this new approach. ITEM #12 - Summation In response to a comment, Ms. Rice said the City has hired Diane Bordner to do some focus groups with developers and downtown businesses to review their issues of concern. A statistically correct survey will be done so the City Commission will have data on which to base their decision. No decision was reached regarding removal of parking on the waterfront. The meeting adjourned at 1:19 p.m.